U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

DEPARTMENT ACTION ON APPLICATION IN DOCKET OST -2014-0186 

filed November 3, 2014 

Application of Tyrolean Airways Tiroler Luftfahrt GesmbH (Tyrolean) for a blanket 

statement of authorization for an indefinite period to permit Tyrolean to display the UA* 

designator code of United Airlines, Inc. (United) on flights operated by Tyrolean within the 

European Union (EU) or European Common Aviation Area (ECAA) countries and beyond to 

any point or points in conjunction with services held out by United between the United States 

and the EU or ECAA countries and beyond to any point or points (either non-stop or via third 

country intermediate points), including flights operated by Tyrolean pursuant to its wet-lease 

arrangement with Swiss. The applicants also requests a waiver of the 45-day advance filing 

requirements under 14 CFR Part 212.1 

Approved under assigned authority (14 CFR § 385.13). 

Date of Action: December 17, 2014 

This action is subject to the conditions attached. Persons entitled to petition the Department 

for review of this action under the Department's regulations, 14 CFR § 385.30, should file 

their petitions within seven days of the date of this action. This action is effective 

immediately, and the filing of a petition for review will not alter its effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http://dms. dot. gov/lreports/reports aviation. asp 

1 The Department is acting on the Joint applicant's request prior to the expiration of the 45-day advance filing 

requirement with the consent of all parties served. 
The code-share operations authorized here are subject to the following conditions: 

(a) The statement of authorization will remain in effect only as long as (i) Tyrolean, Swiss, and United 

continue to hold the necessary underlying authority to operate the code-share services at issue, and (ii) the 

code-share agreement providing for the code-share operations remains in effect. 

(b) Tyrolean, Swiss, and/or United must promptly notify the Department (Office of International Aviation) if 

the code-share agreement providing for the code-share operations is no longer effective or the carriers decide 

to cease operating any or all of the approved code-share services? Such notice should be filed in Docket 

OST-2014-0186. 

(c) Tyrolean, Swiss, and/or United must notify the Department no later than 30 days before they begin any 

new code-share service under the code-share services authorized here. Such notice shall identify the 

market(s) to be served and the date on which the services will begin. Such notices shall be filed in Docket 

OST-2014-0186. 3 

(d) The code-sharing operations conducted under this authority must comply with 14 CFR Part 257 and with 

any amendments to the Department's regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly 

conditioned upon the requirements that the subject foreign air transportation be sold in the name of the 

carrier holding out such service in the computer reservation systems and elsewhere; that the carrier selling 

such transportation (i.e., the carrier shown on the ticket) accept responsibility for the entirety of the codeshare journey for all obligations established in its contract of carriage with the passenger; that the passenger 

liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its 

U.S. code-sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area 

for whose airspace the Federal Aviation Administration has issued a flight prohibition. 

(e) Any service provided shall be consistent with all applicable agreements between the United States and 

other foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of 

authorization should be construed as conferring upon United rights (including code-share, fifth-freedom 

intermediate and/or beyond rights) to serve markets where U.S. carrier rights are limited unless United 

notifies us of its intent to serve such market and unless and until the Department has completed any 

necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such 

rights;4 and (ii) should there be a request by any carrier to use the limited-entry route rights that are included 

in United's authority by virtue of the blanket statement of authorization granted here, but that are not being 

used by United, the holding of such authority will not be considered as providing any preference for United 

in a carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 

(e) The authority granted here is specifically conditioned so that neither Tyrolean, Swiss, nor United shall give any 

force or effect to any contractual provisions between themselves that are contrary to these conditions. 

(f) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion. 

2 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 3 Tyrolean states that it initially plans to transport United passengers on aircraft wet-leased to Swiss between Geneva 

and Zurich on the one hand, and Lugano, Switzerland on the other hand. 4 The notice referenced in condition (c) above may be used for this notification.